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ELEMENTARY 

MANUAL  OF  PRACTICE 


CIVIL  WAR  CLAIMS 


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University  of  California. 

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ELEMENTARY 


MANUAL  OF  PRACTICE 


CIVIL  WAR    CLAIMS. 


COMPILED    BY 

W.  C.  ELDRIDGE  and  L.  R.  GINN. 


OFFICE  OF  THE 
(j^S*    AUDITOR  FOR  THE  WAR  DEPARTMENT. 
F.  H.  MORRIS,  Auditor. 


WASHINGTON: 

Government  Printing  Office. 

1900. 


TREASURY  DEPARTMENT, 

Document  No.  2171. 
Auditor  for  War  Department. 

7  7  2-?£ 


MANUAL  OF  PRACTICE.  CIVIL  WAR  CLAIMS. 


APPLICATIONS  AND   HEIRSHIP. 

Soldier. — If  soldier  or  officer  be  alive,  claim  must  be  made 
by  himself  over  his  own  signature. 

No  assignment  of  a  claim  against  the  United  States,  in  any 
form,  can  be  recognized.     (See  3477,  R.  S.) 

(The  assignment  of  the  soldier's  final  statements  after  his 
discharge  and  an  officer's  regular  pay  account  after  it  becomes 
due  are  apparent  exceptions  to  the  rule. ) 

Evidence  of  soldier's  identity  must  be  furnished.  If  by 
comparison  of  signature  to  the  application,  with  signature  to 
vouchers  in  the  office,  soldier  can  not  be  identified,  then  there 
must  be  the  affidavits  of  two  persons  showing  the  claimant 
to  be  the  person  who  served  as  alleged. 

Representatives. — If  soldier  be  dead,  anything  that  be- 
came due  and  payable  to  him  is  payable  to  his  legal  repre- 
sentatives or  heirs. 

Exceptions :  In  case  of  additional  bounty,  under  act  of  July 
28,  1866,  and  bounty  under  act  of  March  3,  1863,  only  certain 
specified  heirs  are  entitled. 

Extra  pay  in  the  Spanish  war,  under  acts  of  January  12, 
1899,  and  March  3,  1899,  is  not  payable  to  the  heirs  of  soldiers 
who  became  entitled  but  died  before  receiving  it. 

Administrator  or  Executor. — If  there  be  an  adminis- 
trator or  executor  of  soldier's  estate,  he  is  entitled  to  what- 
ever the  soldier  became  entitled  to  before  his  death,  with  the 
exception  of  bounty  and  extra  pay  referred  to  in  last  section. 

(3) 


4  •  MANUAL   OF    PRACTICE. 

If  the  amount  due  the  estate  of  the  soldier  or  officer  is  over 
$500,  payment  can  be  made  only  to  the  administrator  or 
executor. 

The  application  by  executor  or  administrator  must  be  over 
his  own  signature  and  accompanied  by  certified  copy  of  let- 
ters testamentary  or  letters  of  administration,  or  by  certificate 
of  the  clerk  of  the  court  showing  his  appointment. 

Payment  will  not  be  made  to  a  public  administrator  unless 
it  appear  that  he  is  acting  at  the  request  of  the  soldier's  heirs. 

Payment  will  not  be  made  to  a  creditor  administrator 
unless  it  be  shown  that  amount  claimed  is  necessary  to  pay 
the  debts  of  the  soldier  and  probable  costs  of  administration. 

An  executor  or  administrator  is  not  entitled  to  bounty  due 
the  soldier  under  act  of  March  3,  1863,  or  additional  bounty 
under  act  of  July  28,  1866,  or  extra  pay  under  acts  of  January 
12,  1899,  and  March  3,  1899. 

An  executor  or  administrator  is  not  entitled  to  any  bounty 
which  was  not  payable  to  the  soldier  but  was  provided  for 
certain  specified  heirs  by  act  of  Congress. 

Heirs. — Upon  application  by  soldier's  heirs,  inquiry  will 
not  be  made  as  to  whether  administration  has  been  granted, 
unless  the  amount  due  soldier's  estate  is  more  than  $500,  but 
payment  will  be  made,  on  proper  application  and  evidence, 
to  the  soldier's  heirs,  in  the  following  order  of  precedence, 
viz,  widow,  children  (in  equal  shares),  father,  mother,  brothers 
and  sisters  (whole  and  half  blood  in  equal  shares). 

In  case  of  heirs  more  remote  than  brothers  and  sisters  and 
their  children,  administration  will  be  required,  unless  the 
amount  is  small  and  payment  is  directed  upon  submission. 

In  all  cases  applications  must  be  over  the  signature  of  the 
claimant. 


CIVIL  WAR  CLAIMS.  5 

In  claims  of  heirs  the  death  of  soldier  must  be  established 
by  the  affidavits  of  two  persons,  showing  the  date  and  place 
of  his  death,  unless  he  died  in  service  and  the  fact  of  death  is 
of  record,  in  which  case  claimants  need  not  prove  death. 

Widow. — If  widow  claim,  she  must  furnish  evidence  of  her 
identity  by  the  affidavits  of  two  persons  other  than  herself, 
showing  that  she  is  the  soldier's  widow. 

Children. — In  claim  of  children,  they  must  prove  their 
identity  as  in  case  of  widow,  and  show  by  the  affidavits  of 
two  person  other  than  themselves  the  names  of  all  of  soldier's 
children,  the  death  of  such  as  have  died,  and  whether  such 
decedents  left  children  surviving  them.  They  must  also 
show  that  soldier  left  no  widow,  or,  that  his  widow  is  dead. 

Father. — In  claim  by  father,  it  must  be  shown  that  soldier 
is  dead,  and  that  there  is  no  widow  or  child  surviving. 

Mother.— In  claim  by  mother,  same  as  in  case  of  father, 
and,  in  addition,  that  the  father  is  dead. 

Brothers  and  Sisters. — In  claims  by  brothers  and  sisters, 
same  as  in  case  of  mother,  and,  in  addition  thereto,  that  the 
mother  is  dead.  In  case  of  no  nearer  relative  than  brothers 
and  sisters,  the  amount  due  is  payable  to  all  the  brothers  and 
sisters  soldier  ever  had,  of  the  whole  and  half  blood,  in  equal 
shares.  If  any  brother  or  sister  is  dead,  that  one's  share  is 
payable  to  his  or  her  children,  if  any;  if  there  be  no  such 
children,  it  is  distributed  among  the  other  heirs. 

Before  settlement  of  a  claim  of  such  heirs,  it  is  necessary  to 
have  evidence  showing  all  the  brothers  and  sisters  of  the 
whole  and  half  blood  soldier  ever  had,  the  death  of  such  as 
have  died,  and  whether  such  decedents  left  children  surviving. 

Minors  and  Insane.— If  soldier  or  his  heirs  who  are  entitled 
are  minors  or  insane,  payment  will  be  made  to  the  legal  guard- 
ian or  committee.     If,  in  such  cases,  the  amount  due  be  small, 


6  MANUAL    OF    PRACTICE. 

the  case  will  be  submitted  as  to  payment  to  natural  guardian 
or  otherwise. 

The  above  rules  of  heirship  apply  in  all  cases  where  claim- 
ants take  as  representatives  of  soldier's  estate,  and  are  entitled 
because  the  soldier  himself  was  entitled.  In  such  cases  resi- 
dence of  heirs  has  no  bearing  on  their  rights. 

In  all  cases  the  regular  office  forms  of  application  of  current 
issue,  or  any  form  equivalent  thereto,  will,  if  properly  filled 
up  and  executed,  be  accepted  as  sufficient  evidence  of  heir- 
ship and  identity,  unless  there  be  reason  to  suspect  an  error 
in  the  affidavits  made. 

CONSIDERATION  OF  CLAIMS. 

In  the  examination  of  an  ordinary  claim,-  the  following 
items  are  to  be  considered : 

In  case  of  an  enlisted  man,  pay,  bounty,  clothing,  and  travel 
allowances. 

In  case  of  a  commissioned  officer,  pay  and  subsistence  for 
self,  allowances  for  servants  (pay,  clothing,  and  subsistence), 
and  travel  allowances. 

An  enlisted  man  is  entitled  to  pay  and  allowance  for  cloth- 
ing from  date  of  enrollment.  Bounty  is  payable  in  advance, 
in  installments,  and  on  discharge,  according  to  the  act  under 
which  soldier  enlisted,  as  hereafter  described. 

Officers  are  entitled  to  pay,  subsistence,  and  allowances  for 
servants  (provided  they  employ  such)  from  date  of  muster  in. 

Officers  and  enlisted  men  are,  on  discharge,  entitled  to  travel 
pay  and  subsistence  from  place  of  discharge  to  place  of  enter- 
ing the  service,  unless  discharged  for  their  own  personal 
convenience  or  as  punishment  for  an  offense. 

Pay.— A  soldier  is  entitled  to  the  full  pay  of  his  grade  from 
date  of  enrollment  to  date  of  his  final  discharge  and  release 


CIVIL  WAR  CLAIMS.  7 

from  the  military  service,  excepting  only  for  such  periods  as 
he  may  have  been  absent  without  leave  or  in  desertion.  Any 
balance  due  him  on  his  entire  account  at  date  of  desertion  is 
forfeited  thereby.  The  only  other  legal  forfeiture  of  pay  is  by 
sentence  of  court-martial. 

An  officer  is  entitled  to  full  pay  and  allowances  from  date 
of  muster  in,  subject  to  the  same  conditions  of  absence  and  for- 
feiture as  an  enlisted  man,  with  the  added  condition  that,  from 
March  3,  1863,  to  June  19, 1864,  if  on  leave  of  absence  for  cause 
other  than  his  own  sickness,  he  is  entitled  during  such  time 
to  one-half  his  regular  pay  and  allowances;  after  June  19, 
1864,  he  is  entitled  to  full  pay  and  allowances,  excepting  for 
time  absent  on  leave  for  cause  other  than  his  own  sickness  in 
excess  of  thirty  days  in  any  one  year.  The  leave  year  begins 
June  20,  1864. 

An  officer's  right  to  allowances  for  servant  depends  on  the 
fact  that  he  actually  employed  a  private  servant  allowed  by 
law,  and  did  not  employ  an  enlisted  man  as  servant. 

Clothing. — A  soldier  is  entitled  to  his  clothing  allowance 
under  the  same  conditions  of  service  and  forfeiture  as  govern 
in  case  of  pay. 

If  clothing  account  of  an  enlisted  man  be  settled  on  dis- 
charge and  there  is  no  apparent  error  in  the  settlement,  a 
claim  for  clothing  will  be  disallowed,  without  a  statement  of 
clothing  account.  If  there  was  no  settlement,  and  the  amount 
of  clothing  drawn  can  not  be  determined  from  the  records, 
claim  for  clothing  will  be  disallowed.  Clothing  account 
should  be  called  for  in  all  cases  of  Spanish  War  Volunteers. 

In  all  cases  of  disallowance  of  clothing,  disallow  the  item 
for  the  reason  "no  clothing  pay  is  due." 

Discharge. — In  determining  dates  of  discharge  of  soldiers 
and  officers  if  mustered  out  with  their  commands  prior  to  May 


8  MANUAL   OF    PRACTICE. 

15,  1865,  date  of  "muster  out"  is  date  of  discharge.  If  mus- 
tered out  with  their  commands  or  large  detachments  thereof 
on  or  after  May  15,  1865,  they  are  entitled  to  pay,  etc.,  to  date 
of  payment  of  company  or  detachment,  if  such  organization 
was  actually  subsisted  to  that  date,  or  to  the  date  to  which 
the  organization  was  subsisted,  if  that  be  prior  to  date  of 
payment. 

An  enlisted  man  discharged  individually  is  held  to  be  dis- 
charged on  the  date  fixed  by  the  War  Department  as  the  date 
of  his  actual  discharge. 

An  officer  discharged  individually  is  held  to  be  discharged 
on  the  date  of  receipt  by  him  of  notice  of  his  discharge,  or 
the  date  he  is  chargeable  with  receipt  of  such  notice. 

Traveling  Allowances.— Enlisted  men  and  officers  are 
entitled  on  discharge  from  the  service  to  transportation  and 
subsistence,  or  if  not  furnished  in  kind,  to  commutation 
therefor,  from  place  of  discharge  to  place  of  enrollment,  unless 
discharge  is  for  personal  convenience  or  as  punishment  for  an 
offense.     (See  1289  and  1290,  R.  S.) 

The  place  where  a  soldier  or  officer  is  when  his  discharge 
takes  effect,  is  the  place  of  his  discharge. 

An  exception  to  the  rule  that  traveling  allowances  when 
due  are  computed  from  place  of  discharge  to  place  of  enroll- 
ment, is  that  if  soldier  or  officer  is  on  furlough  or  leave  of 
absence  at  a  place  of  his  own  choosing  when  discharged,  he 
is  allowed  traveling  allowances  from  that  place  to  place  of 
enrollment,  Provided,  no  greater  distance  will  be  allowed  than 
from  station  of  his  organization,  at  that  time,  to  place  of 
enrollment. 

Claim  for  traveling  allowances  on  discharge  may  be  dis- 
allowed for  any  of  the  following  reasons:  "Traveling  allow- 
ances were  paid  in  full  on  discharge."     "Soldier  having  been 


CIVIL  WAR  CLAIMS.  V 

discharged  at  place  of  enrollment."  "Soldier  having  been 
discharged  as  punishment  for  an  offense."  " Soldier  having 
been  discharged  for  his  personal  convenience;"  or,  "Having 
been  furnished  transportation  and  subsistence  in  kind  to  place 
of  enrollment." 


BOUNTIES  TO   VOLUNTEERS. 


No  bounty  can  be  allowed  for  services  as  commissioned 
officer,  or  for  enlistments  made  before  April  12,  1861,  or 
for  enlistments  or  service  as  Confederate  prisoners  of  war  in 
the  six  regiments  of  the  so-called  United  States  Volunteers ; 
or  to  the  surviving  members  of  regiments  called  into  the 
service  of  the  United  States  for  one  hundred  days  or  three 
months ;  but  in  case  of  death  in  the  service  of  any  enlisted  man 
belonging  to  the  latter  organizations,  his  widow,  if  living,  is 
entitled,  or,  if  she  be  dead,  the  children  of  any  such  soldier 
are  entitled  to  $100  bounty,  under  section  11,  act  of  March  3, 
1865. 

No  bounty  is  paid  to  volunteers  who  enlisted  after  April 
30,  1865,  except  a  few  volunteers  enlisting  in  the  extreme 
southwest,  where  notice  of  the  order  discontinuing  enlist- 
ments in  the  Volunteer  Army  had  not  been  received. 

BOUNTY  ACT  OF  JULY  89,  1861. 

All  volunteers  who  enlisted  under  this  act  for  a  period  not 
exceeding  three  years,  or  less  than  six  months,  were  entitled 
to  $100  bounty,  provided  they  served  for  a  period  of  two 
years  or  during  the  war  (i.  e.,  were  discharged  after  April 
28,  1865,  on  account  of  services  being  no  longer  required);  or 
were  discharged  on  account  of  wounds  received  in  the  line  of 


10  -  MANUAL   OF    PRACTICE. 

duty  (if  enlistment  was  for  two  years  or  more) ;  or  on  account 
of  wounds  received  in  battle  (if  enlistment  was  for  less  than 
two  years).  If  discharged  before  serving  two  years,  for  any 
cause  other  than  wounds  received  in  battle  or  in  line  of  duty, 
or  on  account  of  services  being  no  longer  required  (i.  e.,  dis- 
charged before  April  28, 1865) ,  they  are  not  entitled.  Excluding 
exceptional  organizations,  this  act  applies  to  all  volunteers 
who  enlisted  after  April  11,  1861,  and  before  December  24, 
1863,  or  between  April  2,  1864,  and  July  17,  1864. 

This  bounty  is  also  payable  to  Missouri  regiments,  num- 
bered from  39  to  50,  inclusive,  enrolled  and  mustered  in  for 
six  months  or  one  year  under  the  order  of  General  Rosecrans 
dated  July  28,  1864,  Provided  the  men  were  discharged  for 
wounds  received  in  battle,  or  were  mustered  out  by  reason  of 
close  of  war  (i.  e.,  services  no  longer  required).  See  vol.  3, 
Digest  of  Dec.  Second  Comp. ,  par.  276.  If  absent,  in  desertion 
or  without  leave,  during  any  part  of  the  service,  these  men 
are  regarded  as  not  having  served  during  the  war  and  are 
not  entitled  to  bounty.     3  Comp. ,  569  and  692. 

In  case  of  death  of  soldier  in  service,  this  bounty  is  paya- 
ble to  the  soldier's  heirs  as  follows:  First,  to  the  widow; 
second,  to  the  children;  third,  to  the  father,  if  he  has  not 
abandoned  the  support  of  his  family ;  fourth,  to  the  mother ; 
and  lastly,  to  the  brothers  and  sisters  of  the  whole  and  half 
blood,  in  equal  shares.     See  act  of  July  11,  1862. 

The  heirs  of  a  deceased  soldier  more  remote  than  children 
must  have  been  residents  of  the  United  States  at  date  of  sol- 
dier's death. 

Only  such  brothers  and  sisters  as  were  alive  at  date  of  sol- 
dier's death  are  regarded  as  heirs  to  bounty  under  this  act. 
Children  of  the  brothers  and  sisters  who  were  alive  at  date 
of  soldier's  death  take  their  parent's  share. 


CIVIL  WAR  CLAIMS.  11 

BOUNTY  ACT  OF  APRIL  33,  18 73. 

All  volunteer  soldiers  who  enlisted  after  April  11, 1861,  and 
before  July  22,  1861,  and  who  were  mustered  into  the  United 
States  service  for  three  years,  and  who  were  honorably  dis- 
charged before  serving  two  years  for  cause  other  than  wounds 
received  in  line  of  duty,  are  entitled,  by  act  of  April  22,  1872, 
and  act  of  July  20,  1888,  and  decisions  thereon,  to  $100 
bounty,  provided  they  have  not  already  received  it  for  such 
service.  This  bounty  can  not  be  allowed  for  enlistments  in 
the  Regular  Army ;  nor  to  volunteers  who  enlisted  after  July 
21,  1861,  or  for  any  other  period  than  three  years;  nor  to 
volunteers  who  served  two  years  or  more  as  enlisted  men ;  nor 
to  the  heirs  of  those  who  died  in  the  service,  as  such  cases 
are  specially  provided  for  in  other  bounty  laws.  Where  sol- 
dier was  entitled  to  this  bounty,  and  died  without  having 
received  it,  his  heirs  or  representative  are  entitled.  If  sol- 
dier, enrolled  as  aforesaid,  was  discharged  for  promotion 
before  he  had  served  two  years  as  an  enlisted  man,  this 
bounty  is  due  either  to  the  soldier  or  his  heirs.  See  vol.  3, 
Digest  of  Decisions  Second  Comp.,  par.  281,  et  seq. 

If  the  conditions  of  this  act  are  otherwise  complied  with, 
desertion  is  no  bar  to  the  payment  of  bounty. 

BOUXTY  ACT  OF  JULY  39,   1861. 

This  act  provides  that  men  enlisted  in  the  Regular  Army 
after  July  1,  1861,  shall  be  entitled  to  the  same  bounties,  in 
every  respect,  as  men  enrolled  in  the  volunteer  forces  under 
the  act  of  July  22,  1861. 

BOUNTY  ACT  OF  JULY  5,  1863. 

This  act  provides  for  the  payment  in  advance  of  $25  of  the 
$100  bounty  authorized  by  the  acts  of  July  22  and  July  29, 


12  MANUAL   OF    PRACTICE. 

1861.  A  soldier's  right  to  retain  this  bounty  depends  princi- 
pally upon  the  character  of  his  discharge  and  length  of  serv- 
ice. If  discharged  before  serving  two  years  for  a  disability 
incurred  since  enlistment,  he  retains  it;  if  for  a  disability 
existing  before  enlistment,  or  for  promotion,  or  at  his  own 
request,  he  forfeits  it. 

BOUNTY  ACT  OF  JULY  11,   1862. 

This  act  designates  what  heirs  are  entitled  to  the  bounty 
under  the  acts  of  July  22  and  29,  1861. 

For  order  of  heirship  and  payment,  see  under  ' '  Heirship  in 
bounty  cases." 

BOtTNTY  ACT  OF  JULY  17,   1862. 

Two  classes  of  nine  months  men  entered  the  service  under 
this  act.  The  men  of  one  class  were  militia  called  into  the 
service  under  sections  1  and  2,  and  were  neither  entitled  to, 
nor  paid,  any  bounty.  The  men  of  the  other  class  were  volun- 
teers received  into  service  under  section  3,  and  were  entitled 
to,  and  paid,  §25  bounty.  Sixteen  regiments  of  Pennsylvania 
volunteers,  numbered  from  122  to  137,  inclusive,  were  accepted 
into  service  under  this  latter  section. 

See  case  of  Andrew  J.  Young,  Company  C,  Twenty-seventh 
New  Jersey  Volunteers,  Sett.  No.  18460,  of  November  7, 
1883,  reopened  by  Comptroller  of  the  Treasury  July  16,  1898, 
for  a  full  discussion  of  the  rights  of  soldiers  and  their  heirs 
under  this  act,  and  under  section  11  of  the  act  of  March  3, 
1865.  See  also  1  Comp.,  470.  Bounty  under  this  act  is  also 
payable  to  the  members  of  the  Eighth,  Ninth,  Tenth,  and  Four- 
teenth, and  companies  A,  B,  C,  D,  E,  and  F  of  the  Fifteenth 
Kentucky  Cavalry,  without  regard  to  length  of  service  or 
character  of  discharge. 


CIVIL  WAR  CLAIMS.  13 

BOUNTY  ACT  OF  FEBRUARY   7,    18(>:J. 

The  surviving  members  of  regiments  brought  into  service 
under  this  act  are  not  entitled  to  bounty,  but  in  case  of  death 
in  service  of  any  enlisted  man  belonging  to  one  of  said  regi- 
ments, his  widow,  if  living,  is  entitled;  or,  if  she  be  dead,  the 
children  of  any  such  soldier  are  entitled  to  $100  bounty,  as 
provided  in  section  11,  act  of  March  3,  1865.  This  act  of 
February  7  applies  only  to  the  Kentucky  troops  brought  into 
service  under  it. 

BOUNTY  ACT  OF  MARCH  3,    1863. 

WOUNDS. 

All  volunteer  soldiers  discharged  by  reason  of  wounds 
received  in  battle,  are,  under  the  act  of  March  3,  1863,  entitled 
to  receive  the  same  bounty  as  soldiers  who  are  discharged 
after  a  service  of  two  years. 

The  word  ' '  wound, "  as  used  in  the  foregoing,  is  to  be  under- 
stood in  the  sense  of  injury,  hurt,  damage,  as  contradistin- 
guished from  disease  or  sickness.  The  bounty  can  only  be 
allowed  when  the  soldier  was  actually  discharged  by  reason 
of  the  wound,  as  aforesaid. 

DRAFTED  MEN  AND  SUBSTITUTES. 

Drafted  men  enrolled  to  serve  for  three  years,  or  their  sub- 
stitutes, are  entitled  by  act  of  March  3,  1863,  to  §100  bounty 
if  they  served  two  years  or  more,  or  were  discharged  by  reason 
of  wounds  received  in  line  of  duty  before  two  years'  service. 
No  bounty  is  due  them  or  their  heirs  for  such  service  under 
any  other  act.  Drafted  men  or  substitutes  enrolled  to  serve 
for  a  period  less  than  three  years  are  not  entitled  to  any 
bounty. 

Note. — Drafted  men  and  substitutes  discharged  under 
orders  for  the  reduction  of  the  Army  are  entitled  to  a  con- 
structive service  of  three  years  in  determining  their  rights  to 
bounty  if  enlisted  for  that  period. 


14  MANUAL   OF    PRACTICE. 

Substitutes  for  men  enrolled  and  liable  to  draft,  but  not 
actually  drafted,  are  not  entitled  to  any  bounty. 

Colored  men  drafted  in  the  extreme  South  under  General 
Orders  29  and  106,  Department  of  the  Gulf,  are  regarded  as 
having  been  impressed  into  the  service,  and  are  treated  as 
volunteers.  See  case  of  Amos  Beal,  Ninety-second  U.  S.  Col- 
ored Troops,  Sett.  No.  112099,  June  3,  1889;  also  250800. 

DEATH   AFTER  DISCHARGE. 

In  case  soldier  was  discharged  for  wound  received  in  battle 
and  became  entitled  to  bounty  under  act  of  March  3, 1863,  but 
died  before  receiving  it,  said  bounty  is  payable  to  heirs  as  in 
case  of  soldier's  death  in  service. 

BOUNTY  JOINT  RESOLUTION,   JANUARY   13,  1864. 

RECRUITS. 

All  volunteer  recruits  who  enlisted  after  October  23,  1863, 
and  before  December  24,  1863,  for  three  years,  in  an  organiza- 
tion already  in  the  field,  or  who  enlisted  after  December  23, 
1863,  and  before  April  2,  1864,  for  three  years,  are  entitled  to 
$300  bounty,  payable  in  installments  during  the  term  of  serv- 
ice, as  follows :  $60  in  advance,  $40  at  muster-in,  and  $40  after 
each  six,  twelve,  eighteen,  twenty-four,  and  thirty-six  months, 
respectively.  If  the  soldier  served  his  full  term,  or  was  dis- 
charged prior  thereto  by  reason  of  wounds,  or  under  any  of 
the  General  Orders  for  the  reduction  of  the  Army  because  of 
termination  of  the  war,  he  is  entitled  to  the  full  amount,  and 
generally  received  it  on  final  payment  at  muster-out.  If  dis- 
charged by  reason  of  disease,  or  by  way  of  favor,  or  to  accept 
promotion,  he  is  entitled  only  to  the  accrued  installments 
actually  due  him  at  the  time  of  his  discharge.  No  additional 
bounty  is  due  in  such  case  under  any  law  passed  since  the  sol- 
dier was  discharged.     Soldiers  enlisting  under  the  authority 


CIVIL  WAR  CLAIMS.  16 

of  Circular  No.  98,  Provost  Marshal  General's  Office,  Novem- 
ber 3,  1863,  who  may  be  honorably  discharged  after  two 
years'  service,  are  entitled  to  full  bounty  under  their  enlist- 
ment. This  also  applies  to  "veteran recruits "  enlisted  under 
Provost  Marshal  General's  circulars  of  October  24,  1863,  and 
November  3,  1863. 

Note.— General  Order  No.  77,  War  Department,  A.  G.  O., 
April  28,  1865,  was  the  first  order  issued  by  the  War  Depart- 
ment discharging  men  by  reason  of  close  of  the  war. 

List  of  regiments  in  which  recruit  bounty  of  $300  was  excep- 
tionally allowed  for  enlistments  from  the  dates  named. 

Second  Maine  Cavalry  and  Twenty -ninth  and  Thirtieth 
Maine  Volunteers— from  October  24,  1863. 

Third  Vermont  Light  Battery  and  Seventeenth  Vermont 
Volunteers— from  October  24,  1863. 

Second  Massachusetts  Light  Artillery  and  Fourth  Massa- 
chusetts Cavalry— from  October  24,  1863. 

Second  New  York  Mounted  Rifles,  Second  New  York  Vet- 
eran Cavalry,  and  Thirteenth,  Fifteenth,  Eighteenth,  Twenty - 
first,  and  Twenty -second  New  York  Cavalry,  and  Fourteenth 
and  Sixteenth  New  York  Heavy  Artillery — from  October  24, 
1863. 

Potomac  Home  Brigade,  Maryland  Volunteers — from  Octo- 
ber 24,  1863. 

Old  Ohio  regiments — from  September  23,  1863 ;  Ninth  and 
Twelfth  Ohio  Cavalry— from  August  18,  1863;  Sixth  Ohio 
Cavalry— from  September  23,  1863. 

Old  Indiana  regiments— from  September  23,  1863;  Ninth, 
Tenth,  Eleventh,  Twelfth,  and  Thirteenth  Indiana  Cavalry, 
and  One  hundred  and  twentieth,  One  hundred  and  twenty- 
third,  One  hundred  and  twenty-fourth,  One  hundred  and 


16  MANUAL   OF    PRACTICE. 

twenty-eighth,  One  hundred  and  twenty -ninth,  and  One  hun- 
dred and  thirtieth  Indiana  Volunteers — from  September  14, 
1863. 

Old  Illinois  regiments  and  Seventeenth  Illinois  Cavalry — 
•  from  September  23,  1863. 

First  Michigan  Cavalry— from  October  24,  1863. 

VETERANS. 

Soldiers  who  were  discharged  after  nine  months'  army  serv- 
ice, which  service  may  be  continuous  or  in  broken  periods, 
and  either  in  civil  war  or  prior  thereto,  as  volunteers,  drafted 
men,  or  substitutes,  or  as  Regular  Army  men,  were  permit- 
ted to  become  veterans,  provided  they  reenlisted  prior  to  April 
2,  1864,  as  volunteers  for  three  years,  under  the  provisions  of 
General  Order,  No.  191,  A.  G.  O.,  of  June  25,  1863.  If  they 
are  discharged  to  reenlist  into  the  same  regiment,  they  must 
have  less  than  one  year  of  their  original  enlistment  to  serve 
to  be  entitled  to  reenlist  as  veterans.  As  veterans,  they  are 
'  entitled  to  $400  bounty,  payable  in  installments  during  the 
term  of  service  as  follows:  Advance,  $60,  $50  at  muster  in, 
and  $50  after  each  six,  twelve,  eighteen,  twenty-four,  and 
thirty  months,  and  the  balance  at  the  expiration  of  term  of 
service,  under  the  same  provisions  and  restrictions  as  previ- 
ously set  forth  in  cases  of  recruits.  Veteran  bounty  can  not 
be  allowed  for  enlistments  or  reenlistments  made  after 
April  1,  1864,  or  for  any  service  as  commissioned  officers. 
General  Order  191,  referred  to  in  this  paragraph,  applies  only 
to  volunteers.  Hence  to  be  entitled  to  veteran  bounty,  the 
reenlistment  must  have  been  in  a  three  years  volunteer 
organization,  and  for  three  years. 

Nine  months'  prior  service  in  the  Marine  Corps  entitles  to 
veteran  bounty  in  the  volunteers.  See  Sett.  58476,  Aug.  10, 
1886. 


CIVIL   WAR  CLAIM! 


In  case  of  soldier's  death  in  service,  the  recruit  and  veteran 
bounty  is  payable  to  heirs  in  the  same  order  as  under  act  of 
July  22,  1861. 

If  either  a  recruit  or  veteran  is  discharged  before  serving 
two  years  as  such,  for  a  disability  existing  prior  to  last 
enlistment,  or  for  promotion,  or  at  his  own  request,  he  forfeits 
$25  of  the  advance  bounty. 

For  rule  as  to  computation  of  recruit  and  veteran  bounties, 
in  cases  where  soldier  was  absent  without  leave,  or  in  deser- 
tion, see  under  the  head  of  "Desertion." 

BOUNTY  ACT  OF  JULY   2,  1864. 

This  act  provides  that  a  soldier  who  dies  in  hospital  where 
discharged  is  deemed  to  have  died  in  service  so  far  as  relates 
to  bounties. 

BOUNTY  ACT  OF  JULY  4,  1864. 

Volunteers  who  enlisted  after  July  17,  1864,  and  before  May 
1,  1865,  for  one,  two,  or  three  years,  are,  under  this  act,  en- 
titled to  a  bounty  of  $100  for  one  year's  service,  $200  for  two 
years'  service,  and  $300  for  three  years'  service,  unless  sooner 
discharged.  This  bounty  is  payable  in  three  equal  install- 
ments, as  follows :  One-third  at  muster  in ;  one-third  at  the  ex- 
piration of  half  the  term  of  enlistment ;  and  the  balance  at 
the  expiration  of  the  full  term  of  enlistment.  To  become 
entitled  to  all  the  installments  of  bounty  under  this  act,  the 
soldier  must  have  served  the  full  term  of  his  enlistment,  or 
have  been  discharged  by  reason  of  expiration  of  term  of 
service,  or  because  of  wounds  received  in  line  of  duty.  If 
discharged  before  the  expiration  of  his  full  term  of  enlist- 
ment, because  of  "services  no  longer  required"  or  by  "close 
of  the  war,"  he  would  only  be  entitled  to  the  installments 
which  had  actually  accrued  during  his  service  and  remained 

17996 2 


18  MANUAL  OF    PRACTICE. 

unpaid  at  date  of  such  discharge.  Where  a  soldier  who  was 
enrolled  under  this  act  died  in  the  service,  the. installments 
of  bounty  actually  earned  by,  and  unpaid  to,  soldier  at  date 
of  his  death,  are  payable  to  soldier's  heirs  the  same  as  ar- 
rears of  pay ;  the  unaccrued  installments  of  this  bounty  are 
allowed  only  to  his  widow,  children,  or  mother  if  she  was  a 
widow  at  the  date  of  m  soldier's  death.  No  additional  bounty 
is  due  for  the  services  of  these  soldiers  under  any  act  passed 
since  their  discharge.  This  bounty  can  not  be  allowed  for 
service  as  drafted  men  or  substitutes. 

BOUNTY  ACT  OF  MARCH  3,  1865. 

Section  11  of  this  act  provides  a  bounty  of  $100  to  the 
widow,  if  living,  or,  if  she  be  dead,  to  the  children  of  any 
volunteer  who  has  died  or  been  killed  in  the  service  of  the 
United  States,  whether  such  soldier  shall  have  enlisted  for 
two  years  or  a  less  period  of  time.  This  section  applies  to  all 
soldiers,  whether  belonging  to  a  militia  organization  or  not, 
who  were  actually  in  the  service  of  the  United  States. 

Section  4  of  this  act  provides  that  any  soldier  discharged 
on  account  of  wounds  received  in  battle  or  skirmish,  on 
picket,  or  in  action,  or  in  line  of  duty,  shall  be  entitled  to 
receive  the  same  bounty  as  if  he  had  served  out  his  full  term. 
The  joint  resolution  of  Congress  of  April  12,  1866,  construes 
the  words  "or  in  line  of  duty"  as  used  in  said  section  4  of 

this  act. 

BOUNTY   ACT    OF    JULY  28,  1866. 

Soldiers  who  enlisted  for  not  less  than  three  years  from 
April  19,  1861,  to  October  23,  1863;  from  October  24,  1863,  to 
December  23,  1863,  in  new  organizations ;  from  April  2,  1864, 
to  July  17, 1864,  and  have  been  honorably  discharged  by  rea- 
son of   expiration  of  term,  by  reason  of  services  being  no 


CIVIL  WAR  CLAIMS.  19 

longer  required,  or  wounds  received  in  line  of  duty,  and  who 
received  or  were  entitled  to  receive  no  greater  bounty  than 
$100  under  other  laws,  are  entitled  to  $100  bounty. 

Soldiers  who  enlisted  for  not  less  than  two  years  from 
April  14,  1861,  to  October  23,  1863;  from  October  24,  1863,  to 
December  23,  1863,  in  new  organizations ;  from  April  2,  1864, 
to  July  17,  1864,  and  have  been  honorably  discharged  after 
serving  two  years,  or  by  reason  of  their  services  being  no 
longer  required,  or  by  reason  of  wounds  received  in  the  line 
of  duty,  and  who  have  received,  or  were  entitled  to  receive, 
no  greater  bounty  than  $100  under  other  laws,  are  entitled  to 
$50  bounty. 

The  time  for  filing  claims  under  the  act  of  July  28,  1866, 
known  as  the  "  Additional  Bounty  Act,"  expired  July  1, 1880. 
Claims  under  this  act,  not  filed  within  the  time  limited,  may 
be  disallowed  as  follows :  ' '  No  claim  for  bounty  having  been 
filed  prior  to  July  2,  1880,  payment  of  additional  bounty  is 
barred  by  limitation  of  statute. " 

BOUNTIES    TO   REGULARS. 

No  bounty  can  be  paid  for  enlistments  in  the  Regular 
Army  before  July  1, 1861,  except  distant  station  bounty  under 
act  of  June  17,  1850,  and  additional  bounty  act  of  July  28, 
1866. 

Soldiers  who  enlisted  into  the  Regular  Army  between  July 
1,  1861,  and  June  25,  1863,  are  entitled  to  $100  bounty,  under 
the  same  conditions  as  volunteers.  Additional  bounty  under 
act  of  July  28,  1866,  is  payable  to  regulars  under  the  same 
conditions  and  limitations  as  volunteers. 

All  men  enlisting  into  the  Regular  Army  for  five  years, 
within  ninety  days  from  June  25,  1863  (the  date  of  General 
Order,  No.  190,  A.  G.  O.),  are  entitled  to  a  bounty  of  $400, 
payable  in  installments  as  fixed  by  said  order. 


20  MANUAL  OF    PRACTICE. 

All  soldiers  who  enlisted  or  reenlisted  into  the  Regular 
Army  for  three  years,  under  joint  resolution  of  January  13, 
1864,  and  General  Order,  No.  25,  are  entitled  to  $400  bounty. 
By  act  of  June  20,  1864,  regulars  serving  under  enlistments 
made  prior  to  July  22,  1861,  and  reenlisting  between  June  20, 
1864,  and  August  1,  1864,  under  this  act,  into  their  old  regi- 
ments for  three  years,  are  also  entitled  to  |400  bounty,  payable 
in  installments. 

Soldiers  who  enlisted  into  the  Regular  Army  after  July  17, 
1864,  and  before  July  1,  1865,  are  entitled  to  bounty  under 
act  of  July  4,  1864,  on  the  same  terms  as  volunteers  enlisted 
under  that  act. 

No  bounty  is  paid  to  regulars  who  enlisted  after  June  30, 
1865. 

VETERAN    RESERVE    CORPS. 

No  bounty  is  paid  for  enlistments  or  reenlistments  in  the 
Veteran  Reserve  Corps,  but  men  transferred  thereto  from 
other  regiments  are  entitled  to  the  same  bounty  they  would 
have  received  in  their  old  regiments  had  they  continued 
therein. 

Such  men  as  were  honorably  discharged  from  the  Veteran  . 
Reserve  Corps  for  any  cause,  after  the  muster  out  of  their 
original  organizations,  are  entitled  to  the  same  bounty  as  if 
mustered  out  therewith. 

SUPERNUMERARIES. 
Men  mustered  out  as  supernumeraries  after  April  28,  1865, 
are  regarded  as  having  gone  out  by  reason  of  close  of  the  war 
and  are  entitled  to  full  bounty. 

MASSACHUSETTS,    NEW   YORK,    AND    IOWA   VOLUN- 
TEERS—EXCEPTIONAL  ENLISTMENTS   IN. 

A  recruit  for  a  Massachusetts  regiment  enlisting  after  July 
23, 1862,  is  regarded  as  enlisting  for  the  unexpired  term  of  the 


CIVIL  WAR  CLAIMS.  21 

regiment  in  view  of  the  agreement  announced  in  G.  0.  No.  28, 
Headquarters,  State  of  Massachusetts,  July  23,  1862.  (See 
vol.  3,  par.  214,  et  seq.,  Digest  Dec.  Second  Comp. ;  also  Sett. 
251802,  March  11,  1898.) 

A  recruit  for  a  two-year  New  York  regiment,  enlisting  for 
the  unexpired  term  of  the  regiment  and  discharged  by  reason 
of  expiration  of  term  of  service,  is  not  entitled  to  bounty  for 
the  reason  that  his  enlistment  was  for  a  period  less  than  two 
years.  (See  vol.  3,  par.  218,  et  seq. ,  Digest  Dec.  Second  Comp. ) 
For  rule  in  the  cases  of  Iowa  soldiers  enlisting  for  the  unex- 
pired term  of  the  regiment  and  serving  more  than  twenty- 
three  months,  see  Sett.  94907,  October  9, 1888 ;  163025,  April  19, 
1892;  203721,  September  28, 1894;  and  250408,  February  2,  1898. 
(See  also  vol.  3,  par.  216,  Digest  Dec.  Second  Comp.) 

UNITED  STATES  VOLUNTEERS. 

The  members  of  the  First,  Second,  Third,  Fourth,  Fifth,  and 
Sixth  United  States  Volunteers  are  not  entitled  to  bounty. 
In  the  cases  of  the  First,  Second,  Third,  and  Fourth,  disallow 
as  follows:  "Members  of  this  organization  enlisted  therein 
while  prisoners  of  war,  are  not  entitled  to  bounty  under  exist- 
ing laws." 

In  cases  of  men  of  the  Fifth  and  Sixth,  disallow  as  fol- 
lows: "The orders  authorizing  the  raising  of  this  regiment 
prohibited  payment  of  bounty  to  men  enlisted  therein. "  See 
case  of  David  Smith,  1st  U.  S.  Vols.,  Settlement  No.  192306. 

HANCOCK'S  CORPS. 

The  members  of  the  First  Corps,  United  States  Veteran 
Volunteers  (Hancock's  Corps),  who  enlisted  after  July  17, 1864, 
were  paid  $300  extra  bounty  in  advance,  which  is  not  a  stop- 
page against  the  bounty  due  under  act  of  July  4, 1864. 


22  MANUAL   OF    PRACTICE. 

ME^    TRANSFERRED    TO    NAVY. 

Men  enrolled  as  soldiers  for  service  in  the  Army  during  the 
civil  war  and  transferred  from  the  Army  to  the  Navy,  and 
afterwards  discharged  as  sailors  in  the  naval  service,  should 
apply  to  the  Auditor  for  the  Navy  Department,  by  whom  all 
claims  for  pay  and  bounty  for  service  in  the  Navy  are  adjusted. 
Claims  for  additional  bounty  under  act  of  July  28,  1866,  in 
such  cases  are  settled  by  this  office. 

HAWKINS-TAYLOR    COMMISSION. 

In  the  cases  of  members  of  organizations  settled  by  the 
Hawkins-Taylor  Commission,  bounty  may  be  disallowed  as 
follows:  "Bounty  is  disallowed  for  the  reason  that  the  mem- 
bers of  this  organization  were  not  brought  into  the  service  of 
the  United  States  under  any  law  authorizing  the  payment  of 

bounty." 

BOUNTY  ACT    OF   JUNE    16,    1880. 

This  act  provides  a  bounty  to  the  members  of  the  Fifteenth 
and  Sixteenth  Missouri  Cavalry.  The  amount  of  bounty  is 
determined  by  the  period  of  the  soldier's  actual  service. 
Desertion  or  absence  without  leave  has  no  effect  upon  soldier's 
right  to  this  bounty,  except  to  exclude  the  period  of  absence 
in  computing  service.  It  is  immaterial  whether  the  soldier !s 
discharge  be  honorable  or  dishonorable. 

In  case  of  soldier's  death  in  service,  bounty  is  payable  to  his 
heirs,  in  the  order  named  in  the  act  of  July  11,  1862.  If  the 
soldier  died  prior  to  the  passage  of  the  act,  the  widow  must 
remain  a  widow  until  the  date  of  the  act.  The  mother  must 
be  a  widow  at  the  date  of  the  act  to  be  entitled. 

COLORED    SOLDIERS. 
Under  the  act  of  March  3,  1873,  and  decisions  thereon,  col- 
ored soldiers  and  their  heirs  are  entitled  to  the  same  bounty 


CIVIL   WAR   CLAIMS.  23 

as  white  soldiers  and  their  heirs.     See  also  under  act  of  March 
3,  1863. 

DRAFTED    MEN    AND    SUBSTITUTES. 

See  under  act  of  March  3,  1863. 

ASSIGNMENT   OF   BOUNTY  CLAIMS. 

The  transfer  or  assignment  of  all  bounty  claims  is  prohib- 
ited by  the  joint  resolution  of  April  10, 1869.  See  also  section 
3477,  Revised  Statutes. 

HEIRSHIP  IN  BOUNTY  CASES. 

Any  bounty  that  became  due  to  the  soldier  in  his  lifetime, 
excepting  bounty  act  of  March  3, 1863,  and  additional  bounty 
act  of  July  28, 1866,  is  payable  to  his  heirs,  the  same  as  arrears 
of  pay.  This  rule  applies  to  bounty  allowed  under  act  of 
April  22,  1872. 

If  soldier  died  in  service,  certain  heirs  only  are  entitled  to 
bounty  which  did  not  become  due  to  him  but  which  he 
would  have  received  had  he  served  out  the  term  for  which 
he  enlisted.  Bounty  under  act  of  July  22,  1861,  and  under 
joint  resolution  of  January  13,  1864,  in  such  cases,  is  payable 
first  to  the  widow ;  second,  to  the  children,  in  equal  shares ; 
third,  to  the  father,  provided  he  has  not  abandoned  the  support 
of  his  family ;  fourth,  to  the  mother ;  and  lastly,  to  the  brothers 
and  sisters  of  whole  and  half  blood,  in  equal  shares.  If  father, 
mother,  brothers,  or  sisters  were  not  residents  of  the  United 
States  at  date  of  soldier's  death,  they  are  not  entitled  to  any 
part  of  this  bounty,  and  the  right  passes  over  to  the  ones  next 
entitled.  See  act  of  July  11,  1862  (12  Stat.,  535).  Brothers 
and  sisters  who  died  before  the  soldier  are  not  considered 
heirs  under  this  act.  Children  of  such  heirs  as  were  alive  at 
date  of  soldier's  death  take  their  parent's  share. 


24  v     MANUAL   OF    PRACTICE. 

Act  of  March  3,  1863. — In  case  soldier  was  discharged  for 
wounds  received  in  battle  and  became  entitled  to  bounty 
under  act  of  March  3,  1863,  but  died  before  receiving  it,  said 
bounty  is  payable  to  heirs  as  in  case  of  soldier'^  death  in 
service. 

Act  of  July  4,  1864. — If  soldier  enlisted  under  act  of  July 
4,  1864,  and  died  in  service,  the  unaccrued  installments  under 
said  act  are  payable  to  his  widow,  or,  if  he  left  none,  to  his 
children.  If  no  widow  or  children,  then  to  his  mother,  if 
she  were  a  widow  at  the  date  of  soldier's  death.  Residence 
in  the  United  States  is  not  a  condition  under  this  act. 

Act  of  July  38,  1866. — In  case  of  soldier's  death  while  in 
service,  or  subsequent  to  discharge  and  prior  to  July  28, 1866, 
by  reason  of  wounds  or  disease  contracted  in  service,  this 
bounty  becomes  payable  in  the  following  order: 

First,  to  the  widow,  if  not  remarried  prior  to  July  28,  1866 ; 
second,  to  the  children  who  were  minors  July  28,  1866 ;  third, 
to  the  parents  jointly  or  surviving  parent,  if  resident  in  the 
United  States  July  28,  1866. 

In  case  of  soldier's  death  after  having  become  entitled,  or 
of  the  death  of  any  heir  entitled  as  above,  this  bounty  be- 
comes payable  to  the  heirs  in  the  following  order: 

First,  to  the  widow,  if  not  remarried  prior  to  February  21, 
1868;  second,  to  the  children,  if  minors  February  21,  1868; 
third,  to  the  parents  jointly  or  surviving  parent,  if  resident 
in  the  United  States  February  21, 1868.  (See  act  of  February 
21,  1868.) 

In  case  of  a  soldier's  death  prior  to  July  28, 1866,  from  other 
cause  than  wounds  or  disease  contracted  in  service,  who,  if 
living,  would  be  entitled  under  the  law,  this  bounty  is  pay- 
able to  the  heirs  or  remaining  heirs  in  the  following  order : 

First,  to  the  widow,  if  not  remarried  prior  to  March  3, 1869 ; 
second,  to  the  children,  if  minors  March  3, 1869 ;  third,  to  the 


CIVIL  WAR  CLAIMS.  25 

parents  jointly  or  surviving  parent,  if  resident  in  the  United 
States  March  3,  1869.     (See  act  of  March  3,  1869.) 

DESERTION. 

A  deserter  forfeits  all  pay,  bounty,  and  other  allowances  due 
him  at  date  of  desertion,  and  no  pay  or  allowances  can  accrue 
to  his  credit  while  absent  as  a  deserter  or  without  leave.  In 
all  other  respects  his  bounty  account  is  settled  the  same  as  in 
cases  of  absences  without  leave. 

In  cases  of  soldiers  discharged  for  wounds  received  in  line 
of  duty  (not  in  battle)  or  for  expiration  of  term,  acts  of  July 
22,  1861,  July  4,  1864,  March  3,  1865,  March  3,  1869,  and  joint 
resolution  of  January  13,  1864,  treat  bounty  account  as  if  sol- 
dier had  been  discharged  at  the  expiration  of  his  term  of  en- 
listment by  reason  of  expiration  of  term,  and  pay  bounty  as 
for  his  term  of  enlistment  less  the  time  absent. 

Act  of  March  3,  1863. — Desertion  is  no  bar  to  the  payment 
of  bounty  under  this  act.  Any  soldier  who  belonged  to  an 
organization  called  into  service  under  section  1,  act  of  July 
22,  1861,  and  was  discharged  by  reason  of  wounds  received  in 
battle,  is  entitled  to  $100  bounty. 

Bounty  Joint  Resolution  January  13,  1864.— Veterans. — 
The  bounty  accounts  of  veterans  reenlisted  in  the  field,  under 
General  Order  191,  General  Order  216,  and  General  Order  305, 
of  1863,  who  have  been  absent  without  leave  and  mustered 
out  on  account  of  close  of  the  war,  will  be  adjusted  as  follows : 

Treat  bounty  account  as  i  f  soldier  had  been  discharged  at 
the  expiration  of  three  years  from  date  of  reenlistment  by 
reason  of  expiration  of  term,  and  pay  bounty  as  for  three 
years'  service,  less  the  time  absent.  Example :  Veteran  absent 
without  leave  ten  months,  mustered  out  under  orders  for  the 
reduction  of  the  army,  credit  for  bounty  three  years,  less  ten 
months,  equals  two  years  and  two  months ;  pay  $310,  the  first 
six  installments  of  veteran  bounty. 


26  MANUAL  OF    PRACTICE. 

This  rule  also  applies  in  cases  of  deserters,  with  the  excep- 
tion that  a  deserter  forfeits  all  bounty  due  at  the  date  of 
desertion.  It  is  understood  that  the  above  rule  will  apply  to 
all  veterans  not  enlisted  under  the  Provost  Marshal  General's 
circular  of  October  24,  1863. 

Recruits. — The  bounty  accounts  of  recruits  enlisted  under 
the  provisions  of  the  Provost  Marshal  General's  circular  of 
October  24,  1863,  and  his  circular  98  of  November  3,  1863,  who 
have  been  absent  without  leave  during  service  and  are  mus- 
tered out  by  reason  of  the  close  of  the  war,  will  be  adjusted 
on  the  same  plan  as  announced  for  veterans,  viz,  treat  bounty 
account  as  if  soldier  had  been  discharged  at  the  expiration  of 
three  years  from  the  date  of  enlistment  by  reason  of  expira- 
tion of  term,  and  pay  bounty  as  for  three  years'  service,  less 
the  time  absent,  with  this  exception :  If  the  soldier  has  actu- 
ally served  two  years,  the  full  amount  of  bounty  will  be  paid. 
Only  actual  service  can  be  counted.  This  rule  also  applies  to 
veteran  recruits  enlisted  by  provost  marshals  under  the  cir- 
cular of  October  24,  1863.  It  also  applies  to  deserters,  with 
the  exception,  of  course,  that  a  deserter  forfeits  all  bounty 
due  at  date  of  desertion.  In  computing  time  for  payment  of 
bounty,  no  credit  will  be  given  for  time  that  the  soldier  was 
in  confinement  undergoing  sentence,  or  awaiting  trial  if 
subsequently  convicted. 

FORMS  OF  DISALLOWANCE  OF  BOUNTY. 

In  any  case  where  a  soldier  or  his  heirs  have  received  all  the 
bounty  due  under  whatever  act  or  acts  the  soldier  enlisted, 

bounty  may  be  disallowed  as  follows :  "He  received  $ 

■bounty  under  act  (or  acts)  of ,  all  to  which  entitled." 

If  enlistment  is  for  two  or  three  years  under  the  act  of  July 
22,  1861,  and  the  soldier  is  discharged  for  a  disability  other 
than  wounds  or  injuries,  disallow  as  follows :  ' '  Having  been 


CIVIL  WAR  CLAIMS.  27 

discharged  prior  to  a  service  of  two  years  for  a  disability  other 
than  wounds  received  in  line  of  duty,  no  bounty  is  due. " 

If  discharge  is  not  for  disability,  disallow  as  follows :  ' '  Hav- 
ing been  discharged  prior  to  a  service  of  two  years  for  cause 
other  than  wounds  received  in  line  of  duty,  expiration  of  term 
of  service,  or  close  of  the  war,  no  bounty  is  due. " 

If  enlistment  is  for  three  years,  prefix  to  the  above  disallow- 
ance: " Having  been  enrolled  after  July  21,  1861,  and" 

If  enlistment  is  for  less  than  six  months,  or  in  a  militia 
organization,  disallow  as  follows :  "  There  is  no  law  authoriz- 
ing the  payment  of  bounty  for  his  service  in  the  above -described 
organization. 

If  enrolled  as  a  volunteer  for  six  months,  and  less  than  two 
years,  prior  to  July  18,  1864,  and  discharged  for  any  cause, 
disallow  as  follows :  '  'As  he  was  enrolled  for  less  than  two 
years,  and  discharged  for  disability  other  than  wounds 
received  in  battle,  no  bounty  is  due,"  or,  "Discharged  for 
cause  other  than  wounds  received  in  battle  or  close  of  the 
war,  no  bounty  is  due."  (Certain  nine  months'  men  in 
Pennsylvania  and  Kentucky  are  exceptions  to  this  rule.) 

In  cases  of  drafted  men  and  substitutes  enrolled  for  less  than 
three  years,  disallow  as  follows :  ' '  Soldiers  drafted  for  less 
than  three  years  are  not  entitled  to  bounty,"  or,  ''Substitutes 
enrolled  for  less  than  three  years  are  not  entitled  to  bounty." 

In  cases  of  substitutes  for  men  not  actually  drafted,  disallow 
as  follows:  "A  substitute  for  a  man  enrolled  and  liable  to 
draft,  but  not  actually  drafted,  is  not  entitled  to  bounty." 

In  cases  of  certain  Kentucky  regiments  brought  into  serv- 
ice under  the  act  of  February  7,  1863,  disallow  as  follows : 
"The  soldier  was  enrolled  under  the  act  of  February  7,  1863, 
the  provisions  of  which  preclude  payment  of  bounty." 


28  MANUAL   OF    PRACTICE. 

COMMUTATION  OF  RATIONS  TO   PRISONERS  OF  WAR. 

In  all  claims  for  commutation  of  rations,  while  prisoner  of 
war,  inquiry  will  be  made  of  the  Civil  Claims  Division  as  to 
whether  settlement  has  been  made  by  the  Third  Auditor,  or 
Old  Claims  Division  of  this  office. 

If  no  settlement  has  been  made,  claim  should  be  referred  to 
the  Commissary  General  of  Subsistence  for  report,  on  office 
form  prepared  for  the  purpose. 

For  heirs  entitled  to  commutation  of  rations,  see  act  March 
2,  1867  (14  Stat.  423),  decision  of  Comptroller  of  March  26, 
1898,  in  case  of  Samuel  C.  Roberts,  Company  D,  One  hundred 
and  thirty-fifth  Ohio  Volunteer  Infantry,  Settlement  283848, 
and  decision  of  Auditor,  May  5,  1898,  in  case  of  George  S. 
Stewart,  Company  A,  Twenty-first  Illinois  Volunteers, 
Settlement  256600. 


CONSIDERATION  OF  ITEMS. 


Cases  will  be  examined  with  special  reference  to  what  is 
claimed,  but  any  item  clearly  due  will  be  allowed  whether 
specifically  claimed  or  not. 

If  nothing  be  d*e  as  claimed,  or  clearly  due  upon  the  rec- 
ord, evidence  of  identity  of  claimant  will  not  be  required,  but 
claim  will  be  disallowed. 

Evidence  from  claimant  will  not  be  called  for  to  complete 
a  right  to  an  item  not  claimed,  unless  the  item  is  due  upon 
the  record. 

Transcripts  of  all  payments  must  be  made  in  every  case, 
and  any  overpayment  made  or  other  proper  stoppage  must  be 
deducted  from  anything  otherwise  due.  (In  the  Regular 
Army,  follow  4  Comp.,  148.) 

Upon  any  claim,  settlement  will  show  payment  in  full  of 
all  items  not  allowed,  if  such  fact  appears  from  the  record. 


CIVIL  WAR  CLAIMS.  29 

Each  item  of  a  claim  considered  must  be  either  " allowed," 
1 ' disallowed, "or  " suspended. " 

Disallowances  should  be  specific,  clear,  and  brief.  As  a 
form  for  disallowance  of  an  ordinary  claim,  when  the  records 
show  payment  in  full,  the  following  is  suggested :  ' '  Soldier 
was  paid  pay  and  allowances  in  full  and  traveling  allowances 

on  discharge.    He  received  $ bounty,  under  act  of , 

all  to  which  entitled." 

(For  disallowance  of  separate  items  see  "Clothing,"  "  Trav- 
eling allowances,"  and  "Bounty.") 

Discharge  Certificate.— Discharge  certificate  will  not  be 
required  in  the  settlement  of  claim  unless  it  is  necessary  as 
evidence  in  the  case.  Such  certificate  or  evidence  of  its  loss 
is  generally  necessary  when  question  of  payment  to  date  of 
discharge,  traveling  allowances,  or  other  items  payable  on 
discharge  are  involved. 

Attorneys. — No  attorney  will  be  recognized  unless  he  be 
enrolled  by  the  Secretary  of  the  Treasury  on  the  register  of 
attorneys  authorized  to  practice  before  this  Department. 

No  attorney  will  be  recognized  unless  he  file,  in  this  office, 
written  authority  from  the  claimant  to  act  as  his  attorney  or 
agent,  and  such  authority  must  be  filed  at  or  before  the  time 
when  the  evidence  required  from  the  claimant  to  complete  the 
case  is  received.  (For  Department  regulations  as  to  attorneys, 
see  Department  circulars  as  follows :  Nos.  13  and  142,  of  1886, 
and  No.  94,  of  1890.) 

Attorneys'  Fees. — In  cases  of  white  soldiers  and  officers, 
Indian  soldiers,  sutlers,  post  traders,  laundresses,  laundrymen, 
company  tailors,  and  matrons : 

On  sums  not  exceeding  $200,  10  per  centum. 
On  sums  more  than  $200  and  less  than  $800,  10  per 
centum  of  first  $200  and  5  per  centum  of  remainder 
thereof. 
On  sums  of  $800  or  more,  $50. 


30  MANUAL   OF    PRACTICE. 

In  cases  of  colored  soldiers : 

On  sums  of  less  than  §20,  10  per  centum. 
On  sums  from  §20  to  $50,  $5. 
On  sums  from  $50.01  to  $99.99,  $7.50. 
On  sums  of  $100  or  more,  $10. 

(See  Department  circular  No.  77,  of  1897.) 

Fees  in  colored  cases  are  fixed  by  law ;  in  white  cases,  by 
regulation. 

Colored  soldiers  within  the  meaning  of  the  above  rules 
include  all  colored  men  serving  in  the  Army,  and  not  merely 
so-called  "United  States  Colored  Troops."  (See  3  Comp. 
Dec,  382.) 

Revision  on  Appeal. — Requests  for  revision  on  appeal  and 
requests  for  rehearing  must  be  carefully  distinguished. 

The  right  of  appeal  and  right  of  rehearing  do  not  exist  at 
the  same  time. 

For  rules  of  appeal,  see  1  Comp. ,  590,  and  decision  of  Comp- 
troller, Feb.  24,  1900,  with  Settlement  243448. 

Rehearing  or  Reopening.— Claims  once  settled  can  be 
reopened  only  by  the  officer  making  the  settlement  or  his 
successor. 

For  rules  governing  the  reopening  of  claims  by  the  Comp- 
troller of  the  Treasury,  see  1  Comp.,  592,  and  4  Comp.,  403. 

For  rules  governing  the  reopening  of  claims  by  the  Auditor, 
see  4  Comp.,  403  and  471 ;  also  order  of  Auditor  dated  Decem- 
ber 21,  1897. 

Decisions. — For  general  reference  to  decisions  applicable 
to  all  questions  involved,  see  indices  of  vols.  1,  2,  3,  and  4, 
Digest  of  Decisions  of  Second  Comptroller,  Rapp's  Digest  of 
Bounty  Laws,  and  published  Decisions  of  the  Comptroller  of 
the  Treasury. 


CIVIL  WAR  CLAIMS.  31 

Many  decisions  in  Rapp's  Digest  have  been  overruled  or 
modified,  and  care  must  be  exercised  to  verify  decisions  cited 
therein. 

Decisions  cited  in  vols.  3  and  4,  Digest  of  Decisions  of  the 
Second  Comptroller,  may  be  generally  followed. 

In  Rapp's  Digest  may  be  found  extracts  of  all  bounty  laws 
prior  to  1873. 

For  ready  reference  a  brief  general  index  to  decisions  relat 
ing  to  pay,  bounty,  clothing,  and  traveling  allowances,  pub- 
lished in  vols.  1  to  5,  Decisions  of  the  Comptroller  of  the 
Treasury,  may  be  found  in  the  appendix  following. 


APPENDIX. 


PAY. 


Acceptance  of  appointment,  oath  of  office  may  be  taken  after 4 — 496, 5—375 

Acting  officers,  enlisted  men  not  paid  as  such 4 — 120 

Acts  of  June  3,  1884,  and  February  24,  1897,  sections  3  and  4  construed 4—185 

Allowances,  pay  does  not  include,  in  court-martial  sentence 2 — 300 

Appointment  and  qualification  of  successor,  is  notice  of  removal 4 — 466 

Civil  authority,  arrested  by,  and  released  without  trial 3 — 676 

Commission,  under  act  of  March  3,  1865,  is  a  military  question 3 — 98 

Court  martial,  sentence  of,  "  Falsa  descriptiona  non  nocet  " 3 — 696 

Desertion,  charge  of,  illegally  removed,  does  not  remove  forfeiture 5 — 302 

Deserter  enlists  in  violation  of  twenty-second  article  of  war 3 — 393 

Deserter  forfeits  pay  and  allowances  ;  same  begin  at  date  of  arrest—  3 — 676, 4 — 279 

Discharge,  pay  of  enlisted  men  to  date  of 2 — 94 

Discharged  because  of  fraudulent  enlistment 4 — 54 

Discharged  before  three  months,  enlisted  after  August  3,  1861 4 — 151 

Disloyal  persons,  claims  accrued  prior  to  April  13,  1861 1 — 349, 5—1 

Divorce,  a  mensa  et  thoro,  does  not  affect  widow's  rights 3—732 

Drafted  men  and  substitutes,  no  increase  of  pay  for  prior  service 3 — 640 

Drafted  man  exempted  for  disability  or  otherwise 3 — 553 

Drafted  man  not  accepted  ;  presumed  to  have  had  transportation 3 — 553 

Enrollment  to  be  determined  from  all  the  facts  and  records 3 — 503 

Extra  duty,  if  continuous,  may  be  under  more  than  one  order 4 — 372 

Extra  duty  pay,  to  "army  service  men  at  West  Point" 4 — 353 

Extra  duty  pay,  is  for  duty  authorized  by  authority 4 — 72 

Horse  and  horse  equipments,  use  of,  must  be  shown  by  record 3 — 114 

Horse,  etc,  use  of,  must  also  show  equipments  furnished 3—114 

Records,  when  clear,  not  to  be  controverted  by  evidence 4 — 151 

Reenlisted  and  continuous  service  pay  of  enlisted  men 1 — 459 

Regular  Army,  how  claims  will  be  considered  in 4 — 148 

Retained  pay,  Secretary  of  War  to  determine  honest  and  faithful  service 3 — 557 

Retained  pay,  after  March  15,  1896 3 — 16 

Retained  pay,  act  of  June  16,  1890,  interest  on 3 — 124 

Retained  pay,  construction  of  act  of  Feb.  12,  1895 1 — 380 

Veterinarian,  within  the  meaning  of  act  of  March  3,  1885 3 — 599 

17996 3  (33) 


34  APPENDIX. 

BOUNTY. 
Acts  of  April  22,  1872,  and  July  20,  1888: 

Kequire  muster  in 3 701 

Allowed  without  rehearing 1 91 

Enlistment  on  July  22,  1861 3—503 

Acts  of  July  22,  1861,  and  April  22,  1872  : 

Not  paid  for  same  service 1 3 — 104 

Act  of  July  22,  1861: 

Enlistments  for  one  year  or  less ;  discharged  by  close  of  war 3—692 

Fourth  Arkansas  Cavalry  for  one  year,  is  under 3 — 114 

Act  of  July  4,  1864  : 

Discharged  by  close  of  war 1 — 489, 491 

Act  of  July  28,  1866 : 

Claim  not  barred  when  right  arises  after  July  1,  1880 3 — 96, 541, 676 

Claim  rejected  by  Paymaster  General  prior  to  July  2, 1880,  avoids  bar___    4—376 

Soldier  entitled  to  more  than  $100  under  other  acts 5 — 545 

Limitations  of  statute  applied  to  minors  and  insane 5 — 914 

Act  of  February  8,  1897  : 

Corrects  record  of  Company  I,  Seventh  Iowa  Volunteers 4 — 32, 5—545 

Veteran  : 

Deserter  reenlists  and  charge  removed.     Not  a  veteran 1 — 561 

Improper  reenlistment  revoked 3—36 

Prior  service  under  General  Orders  191  and  216  of  1863,  must  be  nine 

full  months 3—201 

Prior  service  in  nine  months'  regiment  from  which  transferred  for 

three  years 4 — 19 

Absence  or  imprisonment,  period  of,  may  be  so  short  as  to  be  ignored 3—433 

Absence  during  service,  discharged  by  close  of  war 3 — 569 

Advance  bounty  unpaid,  forfeited  by  desertion 3—676 

Arrest,  restored  to  duty  without  trial,  time  counted 3 — 676 

Arrest,  convicted  by  court-martial,  time  not  counted 3 — 684,  692 

Arrest,  soldier  dies  while  under,  but  not  under  sentence 3 — 697 

Discharged  as  supernumerary  prior  to  April  28,  1865 3—480 

Discharge  to  complete  record,  under  act  of  Congress,  is  one  for  convenience.    3—109 
Discharged  from  Veteran  Eeserve  Corps  after  original  company  is  mustered 

out 5—396 

Disloyal  heirs  not  entitled *. 6 — 69 

Enrollment  to  be  determined  from  all  the  facts  and  records 3 — 503 


APPENDIX.  35 

Evidence  not  accepted  to  controvert  the  record  when  clear 4 — 151 

Militia  brought  in  under  section  1,  act  of  July  17,  1862 _  4—129 

Regular  Army,  reenlistments  in,  under  General  Order  154,  1863 3—104 

Regular  Army,  bounty  to,  discussed 3 — 104 

Substitute  for  drafted  man,  entitled  to  same  pay  and  bounty 3—640 

TRAVEL  ALLOWANCES  ON  DISCHARGE. 

Cooper  case  overruled 2 — 424 

Calculated  for  fraction  of  a  day , 6—498 

Discharged,  soldier  at  place  of  enrollment 6 — 9 

Discharged  to  accept  civil  appointment 6 — 326 

Discharged  by  expiration  of  term  ;  reenlistment  next  day 5 — 488 

Discharged  to  date  in  future  and  ordered  home 6 — 26 

Discharged  for  disability  caused  by  misconduct 6—110 

Discharged  by  sentence  of  court-martial 6 — 220 

Discharged  to  accept  another  commission 2 — 504 

Discharged  to  date,  to  complete  record 3 — 109 

Discharged  by  way  of  favor 3—397, 3—640, 5—939 

Ordered  home  to  await  discharge.    Not  entitled 5—687 

Resignation  to  accept  civil  appointment ', 2 — 252 

Resignation  on  request  of  superior 2 — 424 

Resignation  for  disability ;  entitled  unless 2 — 476 

Transportation  orders  furnished ;  can  not  claim 2 — 472 

Transportation  furnished  as  compensation  for  service 5—84 

CLOTHING. 

Clothing  furnished  by  State 5—81,4—246 

Discussion  of  record  of  clothing  drawn 4—246 

Gratuitous  issue  of,  under  1296,  R.  S - 4 — 26 

Members  of  militia  held  as  prisoners  of  war  after  term 1 — 469 


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